Makkah: Journal Of Islamic Studies
Vol. 1 No. 4 (2025): Desember

STUDI KOMPARATIF RUKUN DAN SYARAT PERKAWINAN DALAM PERSPEKTIF FIQH KLASIK DAN NEGARA MESIR

Alfi Karomah (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Muhammad Abror Suriyanto (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Ahmad Izzuddin (Universitas Islam Negeri Maulana Malik Ibrahim Malang)



Article Info

Publish Date
21 Dec 2025

Abstract

This study aims to analyze the pillars and conditions of marriage from the perspectives of Islamic jurisprudence (fiqh) and Egyptian positive law, and to compare them within the framework of contemporary Islamic family law. The focus of the analysis is directed at identifying both the differences and similarities in the views of Islamic legal schoolsparticularly the Hanafi schooland the regulation of marriage law in Egypt, which has undergone processes of codification and modernization. This research employs a normative legal research method with a comparative approach, drawing upon classical fiqh literature, Egyptian statutory regulations, and relevant contemporary scholarly works. The findings indicate that Egyptian marriage law substantively adopts the principles of Hanafi fiqh, while simultaneously introducing adjustments through the establishment of a minimum age for marriage, the mandatory registration of marriage, and the strengthening of legal protection for women and children. From a comparative perspective, it can be concluded that Egyptian marriage law represents a model of integration between Islamic legal norms and modern state law. Therefore, an integrative approach that combines madhhab-based fiqh, maqāṣid al-sharī‘ah, and the demands of positive law is essential to maintain the relevance and legitimacy of Islamic family law in addressing contemporary social challenges.

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Journal Info

Abbrev

makkah

Publisher

Subject

Religion Arts Humanities Education Social Sciences Other

Description

Journal of Islamic Studies is a journal for the study and development of Islamic studies. As a medium to: 1) develop science based on literature and empirical results, 2) encourage the birth of new research ideas and actions within the scope of Islamic studies concepts and practices. This journal is ...